UK Employment Tribunal – How to Claim for Constructive Dismissal
UK Employment Tribunal
Did you know that the UK Employment Tribunal is one of the best venues for seeking claim for constructive dismissal? The Tribunal is an independent employment court and its decisions are not law. However, the Tribunal can make very good judgements if it feels that you have been unfairly disadvantaged by another employee. It can also award heavy penalty payments in cases where it feels like you have been unfairly dismissed.
If you are considering claiming for constructive dismissal or any other form of unfair dismissal, you will need to take action in accordance with UK employment law. To claim for constructive dismissal then you should first resign and should do this as quickly as possible in relation to the alleged breach. In most cases you should then lodge a complaint with your employer. To pursue such a claim you must have a very strong case with substantial evidence supporting your grievance. You might be lodging a grievance about a breach of your employment contract, or even of implied conditions such as confidentiality and trust. There are usually two ways in which the employer can defend against a claim for constructive dismissal.
Firstly, they can argue that you were being dismissed unfairly because you had not been doing your job properly. This can often be a difficult area of dispute and it is sometimes better to settle the matter yourself rather than risk the potential outcome of a legal battle. It is important to remember that even if you are not being dismissed unfairly you still have grounds for claiming unfair dismissal. If you are being unfairly dismissed for reasons of this kind you should seek advice from a specialist in employment law.
How to Claim for Constructive Dismissal
If you do not get your employer to resign when you are making a claim for constructive dismissal your employer will usually appeal against your claim. The employer may try to argue that the process of finding you to be fit for dismissal has already begun and that therefore, by your own admission you have not been able to give evidence that would justify your dismissal. This type of argument will not succeed unless there is a very significant and widespread problem within the workplace which is not likely to be rectified even if you resign. For example, an employer may choose to appeal against a claim for unfair dismissal on the basis that your position is just too insignificant to warrant a payout.
A second common argument used to defend against a claim for constructive dismissal is that the employer has not actually behaved in a manner that warrants dismissal. The employer may argue that, in fact, you have not been performing unsatisfactory work (but have not actually been told that your conduct is unsatisfactory). To counter this argument, the employer needs to provide evidence that you have in fact been performing unsatisfactory work, and that this situation is likely to continue unless you are informed of any plans to implement a new work procedure.
To support their argument, the employer need only show that, either (a) the employee has been performing an action that is prohibited by the employment legislation or (b) there is a likelihood that the employee will engage in conduct that is likely to cause him or her dismissal. Both types of conduct must have caused actual or potential unlawful discrimination. It is not necessary that the employee has engaged in conduct that is likely to result in actual discrimination. Even if the employee has engaged in conduct that is likely to result in discrimination, if the employee’s conduct amounts to or is capable of creating a very large and unjustifiable imbalance in the workplace, the employer has a genuine reason for fearing that it may happen, and for this reason it is necessary to give reasonable notice or constructive notice to the employee.
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